Preview Newsletter
ACC PM 4/27/2017
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(ACC Blog) Chemistry 101 at #AIACon17
Apr 27, 2017 | American Chemistry Matters
By American Chemistry
The American Institute of Architects’ Conference on Architecture brings together thousands of architects and building and design industry professionals this week in Orlando, with the opportunity to see the latest innovative building products and meet with companies that support the industry. -
(ACC Mentioned) PP Resin Prices Tumble 5.5 Cents in April
Apr 27, 2017 | Plastics News
By Frank Esposito
What goes up must surely come down. North American polypropylene resin buyers were reminded of that in April as prices tumbled an average of 5.5 cents per pound. Regional prices for the material had increased by an average of 20.5 cents per pound in the first three months of 2017. -
(ACC Mentioned) Hexion Wins Six ACC Responsible Care® Awards
Apr 27, 2017 | Yahoo Finance
By Business Wire
The American Chemical Council (ACC) has recognized several U.S.-based Hexion Inc. (“Hexion” or the “Company”) sites for sustainability programs focused on improving energy efficiency and waste management as six Hexion programs were recently named Responsible Care® award winners honored for excellence in environmental, health, safety and security performance. In addition, Hexion was nominated as a finalist for Responsible Care® Company of the Year. -
(ACC Mentioned) Senate Version of Regulatory Accountability Act Introduced
Apr 27, 2017 | Chemical Watch
By Kelly Franklin
US Senators Rob Portman (R–Ohio) and Heidi Heitkamp (D–North Dakota) have introduced the Senate version of the Regulatory Accountability Act (RAA), a measure aimed at reforming the process by which federal agencies implement new regulations and guidance documents. -
Office of Chemical Safety and Pollution Prevention (OCSPP): Take Advantage of This Regulatory Reform Advocacy Opportunity
Apr 27, 2017 | National Law Review
By Government Regulation
On February 24, 2017, President Trump issued Executive Order (EO) 13777, “Enforcing the Regulatory Reform Agenda.” Issuance of the EO, and the subsequent measures undertaken by U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt offer unique opportunities for chemical stakeholders. -
US Alternative Testing Body to Hold Public Meeting
Apr 27, 2017 | Chemical Watch
The US National Toxicology Program's Interagency Coordinating Committee on the Validation of Alternative Methods (Iccvam) will convene a public forum on 23 May. -
US Agency Releases Final Toxicological Profiles
Apr 27, 2017 | Chemical Watch
The US Agency for Toxic Substances and Disease Registry (ATSDR) has released final toxicological profiles for three sets of substances. -
US EPA Issues 'Not Likely to Present Unreasonable Risk' Determinations
Apr 27, 2017 | Chemical Watch
The US EPA has issued section 5(a)(3)(C) determinations for six substances that were the subject of pre-manufacture notices (PMNs). -
CVS Health to Remove Chemicals of Concern from More than 600 Products
Apr 27, 2017 | Chemical Watch
By David Stegon
The second largest pharmacy chain in the US, CVS Health, will remove parabens, phthalates and the most prevalent formaldehyde donors from nearly 600 beauty and personal care products. -
Walmart Announces Further Reduction in Chemicals of High Concern
Apr 27, 2017 | Chemical Watch
By Tammy Lovell
Walmart has announced a further 1 percentage point annual reduction by weight of high priority chemicals (HPCs) in products it sells, growing to 96% the volume it has reduced since 2014. -
Trump Admin is Sued for Blocking Obama Fossil Fuel Valuations
Apr 27, 2017 | E&E Greenwire
By Amanda Reilly
Two states sued the Trump administration yesterday for halting Obama-era changes to how coal, oil and natural gas are valued in the calculation of federal royalties. -
OSHA Staff Blocked from Talking to the Press
Apr 27, 2017 | E&E Energywire
By Mike Soraghan
Since President Trump took office, the Occupational Safety and Health Administration has developed a new policy that staff can't talk to the press. -
Congressman Calls for Budget Meeting with US EPA
Apr 27, 2017 | Chemical Watch
Frank Pallone (D-New Jersey), ranking member of the House Energy and Commerce Committee, has sent a letter to US EPA Administer Scott Pruitt requesting a briefing on the proposed budget cuts to the agency. -
Today Could Expose Strengths, and Weaknesses, in Cabinet
Apr 27, 2017 | E&E Climatewire
By Jean Chemnick
Today's meeting of top officials in the White House situation room could shed light not only on the fate of U.S. participation in the Paris Agreement but on which Trump administration players have the most influence with their boss. -
100 Days: 4 Worst and 1 Good Thing Trump has Done for the Environment
Apr 27, 2017 | Environmental Defense Fund
By Eric Pooley
President Trump said recently that the tradition of rating a new president’s first 100 days is “ridiculous.” The White House then created a web page devoted to rating his first 100 days.
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(ACC Blog) Chemistry 101 at #AIACon17
Apr 27, 2017 | American Chemistry Matters
By American Chemistry
The American Institute of Architects’ Conference on Architecture brings together thousands of architects and building and design industry professionals this week in Orlando, with the opportunity to see the latest innovative building products and meet with companies that support the industry.
American Chemistry Council members are showcasing products that enable the latest efficient, durable and resilient materials for both commercial and residential structures.
Chemicals enhance performance in a range of products and applications, from flooring, furnishings, and lighting, to insulation and heating and cooling systems, to adhesives, epoxy linings, paints and coatings and sealants.
Chemistry contributions to the built environment are:
Durable and Protective: Architects, builders and designers select chemistry-based products because they last a long time and protect the building structure. Paints, coatings, and sealants used throughout a building help protect it from the elements and wear and tear.
Great Value: Chemistry helps architects, builders and occupants save money, whether at product installation or over the course of a building’s lifetime. Products like spray foam insulation seal a building, minimizing air leaks and saving homeowners money in heating and cooling costs for years down the road. Countertops or flooring made from vinyl and composite and engineered wood products can mimic the appearance of natural products, giving the allure of expensive woods, ceramic, marble, stone or quartz – but at a fraction of the cost. Some are lighter and easier for homeowners to install themselves. For example, luxury vinyl tile (LVT) can be installed with or without grout.
Energy Efficient: From insulation to lighting, chemistry can contribute to a smaller environmental footprint for buildings. For example, highly reflective roof coatings made using chemistries like acrylics, urethanes, silicones and styrene block copolymers (such as SBS and SEBS) helps lessen air leaks, reducing energy usage and keeping costs down for occupants.
Visit these booths at #AIACon17 to learn more about how American Chemistry Council members are creating the materials for tomorrow’s high performing buildings.
https://blog.americanchemistry.com/2017/04/chemistry-101-at-aiacon17/
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(ACC Mentioned) PP Resin Prices Tumble 5.5 Cents in April
Apr 27, 2017 | Plastics News
By Frank Esposito
What goes up must surely come down.
North American polypropylene resin buyers were reminded of that in April as prices tumbled an average of 5.5 cents per pound. Regional prices for the material had increased by an average of 20.5 cents per pound in the first three months of 2017.
Market sources said that lower PP prices were the result of lower prices for polymer-grade propylene (PGP) feedstock. PGP supplies also are improving as some maintenance outages come to an end, they added.
The wave of three price hikes that started the year also led PP users to pre-buy in advance of additional increases.
North American PP sales were up almost 1 percent in the first three months of 2017, according to the American Chemistry Council. Domestic sales essentially were flat in that period, but export sales surged 60 percent.
Among domestic end markets, three-month PP sales into injection molding grew 2.5 percent. That sector was led by a 5 percent gain for PP sales into consumer and institutional products, including furniture and housewares.
http://www.plasticsnews.com/article/20170427/NEWS/170429918/pp-resin-prices-tumble-5-5-cents-in-april
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(ACC Mentioned) Hexion Wins Six ACC Responsible Care® Awards
Apr 27, 2017 | Yahoo Finance
By Business Wire
The American Chemical Council (ACC) has recognized several U.S.-based Hexion Inc. (“Hexion” or the “Company”) sites for sustainability programs focused on improving energy efficiency and waste management as six Hexion programs were recently named Responsible Care® award winners honored for excellence in environmental, health, safety and security performance. In addition, Hexion was nominated as a finalist for Responsible Care® Company of the Year.
“This is a tremendous honor and a testament to the great work happening across the Hexion organization,” said Craig O. Morrison, Chairman, President and CEO, Hexion. “As an organization, we are enthusiastic supporters of Responsible Care and are committed to best practices related to sustainability and safety in the U.S. and at our facilities around the globe.”
The ACC honored four Hexion programs in the Energy Efficiency category and two in Waste Minimization, Reuse and Recycling. The sites and programs honored are:
Energy Efficiency
Fayetteville, North Carolina: Energy consumption at the Fayetteville formaldehyde plant increased 60 percent in 2014 without a corresponding increase in production. An internal evaluation found a new product mix was requiring additional steam for production. The team devised a solution that included distillation improvements at a second Hexion site, allowing the new mix to be handled there without increasing energy consumption. This production shift resulted in a 50 percent reduction in energy consumption at Fayetteville with no increase at the second site.
Moreau, New York: The team identified an opportunity to significantly reduce consumption by shifting from two plants operating five days a week, 24 hours a day, to a single plant operating seven days a week around the clock. The shift reduced the need for natural gas for steam production, cutting natural gas use by 51 percent year over year. It also reduced electrical consumption for approximately 700 horsepower of process equipment, improved cooling water efficiency and reduced outside services for security and maintenance. The site added new operators to execute the revised operating schedule.
Sheboygan, Wisconsin: The Sheboygan site replaced two aging cooling towers – representing 26 percent of total electric usage – with a single replacement tower engineered with significant energy efficiency upgrades. Intelligent controls paired with variable frequency drives on all the motors in the tower yielded a 21.1 percent reduction in cooling tower electric usage on a normalized basis and reduced total site consumption by 6 percent.
Bedford Park, Illinois (Argo): The site converted high-pressure sodium lights in the process area to 68W LED lights and converted metal halide lights in the warehouse to 78W LED lights, reducing total energy consumption in those areas from 242.4 million kilowatt-hours (MkWh) in 2016 to an estimated 79.7 MkWh in 2017. This is an annual reduction of approximately 67 percent, or approximately 162.7 MkWh, and could result in savings of more than $16 million year over year.
Waste Minimization, Reuse and Recycling
Deer Park, Texas: The Deer Park team used a combination of hardware and software upgrades and improved employee training to significantly reduce the creation of undesired byproducts in its production processes. The improvements reduced waste by 400,000 pounds in 2016, resulting in a savings of about $400,000. Just as importantly, the project created more ownership from the ground floor in thinking and acting to minimize waste production and helped reduce operational complexity and the potential for mistakes.
Deer Park, Texas: The Deer Park team implemented several process improvements designed to reduce the 41,000 pounds of disposed crude resin the site produced per month. From the end of 2015 through 2016, crude resin disposals were completely eliminated. This created significant savings related to disposal as well as material costs as the recycled resin was put to use. The improvements required no new equipment or capital costs; rather, the key was creating better operating procedures and improving employee accountability.
The International Council of Chemical Associations (ICCA) coordinates the Responsible Care program, which originated in Canada in 1984 and is practiced today under the oversight of 60 national and regional associations around the world. Responsible Care companies operating in the U.S. have a worker safety rate five times better than the U.S. manufacturing sector as a whole, and three times better than the overall business of chemistry.
In addition, 43 sites within Hexion’s global manufacturing network have achieved ISO9001 certification (Quality Management System) and another 12 sites have achieved ISO 14001 certification (Environmental Management System). The Company also has 7 sites that have earned OHSAS 18001 certification (Health and Safety Management System). In total, Hexion sites have achieved 80 safety, quality and energy management designations globally.
For more information on Hexion’s Responsible Care program, visit www.hexion.com. For more information on the ACC and Responsible Care, visit www.americanchemistry.com/rc.
About the Company
Based in Columbus, Ohio, Hexion Inc. (formerly known as Momentive Specialty Chemicals Inc.) is a global leader in thermoset resins. Hexion Inc. serves the global wood and industrial markets through a broad range of thermoset technologies, specialty products and technical support for customers in a diverse range of applications and industries. Hexion Inc. is controlled by investment funds affiliated with Apollo Global Management, LLC. Additional information about Hexion Inc. and its products is available at www.hexion.com.
http://finance.yahoo.com/news/hexion-wins-six-acc-responsible-200500398.html
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(ACC Mentioned) Senate Version of Regulatory Accountability Act Introduced
Apr 27, 2017 | Chemical Watch
By Kelly Franklin
US Senators Rob Portman (R–Ohio) and Heidi Heitkamp (D–North Dakota) have introduced the Senate version of the Regulatory Accountability Act (RAA), a measure aimed at reforming the process by which federal agencies implement new regulations and guidance documents.
Among others, the bill would impose new cost-benefit analysis, expand public participation in rulemakings, create an automatic review every ten years for major regulations, and codify certain regulatory executive orders.
Mr Portman said the legislation "would bring our outdated federal regulatory process into the 21st century by requiring agencies to use the best scientific and economic data available, strengthening checks and balances, and giving the public a voice in the process."
The House passed its own version of the RAA (HR 5) in the early days of the legislative session on a 238-183 vote.
The US Chamber of Commerce lauded the measure, saying it "would make the first major changes to the federal regulatory process in seven decades".
"The Regulatory Accountability Act would increase scrutiny of the most expensive rules that cut across industries and sectors, requiring greater transparency and agency accountability," said the business group. It urged the Senate to take fast action on the measure.
The American Chemistry Council (ACC) is also among trade groups that have previously voiced support for RAA and broader efforts to reform the regulatory process.
But NGO the Environmental Working Group says the bill, if passed into law, would "make it virtually impossible for federal agency to enact rules".
The Union of Concerned Scientists criticised the measure as a "short-sighted all-out assault on science-based policies" that "gives companies more opportunities to interfere with the development of vital safeguards".
The Environmental Defense Fund has also flagged up concern that passage of bills like the RAA could pose a "very real threat" to successful implementation of the new TSCA law.
The bill’s introduction comes amid many initiatives under the Trump administration and Republican-controlled Congress to roll back the regulatory ‘overreach’ of the previous administration.
President Trump has issued several executive orders, directing agencies to determine the most burdensome regulations and to seek to repeal or modify them.
The EPA is scheduled to begin a review of regulations promulgated under TSCA next week, as part of this effort.
House Republicans have introduced or passed a variety of bills, aimed at streamlining the regulatory process, improving the EPA’s use of science, and increasing the transparency behind regulatory actions.
Senate Republicans, meanwhile, have introduced a separate slate of regulatory reform measures.
https://chemicalwatch.com/55485/senate-version-of-regulatory-accountability-act-introduced?q=%22American+Chemistry+Council%22
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Apr 27, 2017 | National Law Review
By Government Regulation
On February 24, 2017, President Trump issued Executive Order (EO) 13777, “Enforcing the Regulatory Reform Agenda.” Issuance of the EO, and the subsequent measures undertaken by U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt offer unique opportunities for chemical stakeholders. This memorandum summarizes EPA’s efforts to date in this regard, and identifies opportunities that stakeholders may wish to pursue to eliminate or amend regulatory initiatives that have outlived their utility or were ill-conceived from the get-go. As noted below, comments are due May 15, 2017; EPA’s public meeting on Toxic Substances Control Act (TSCA)-related issues is May 1, 2017, and the public meeting on pesticide-related issues is May 4, 2017.
EO 13777 and EPA’s Implementation of It
EO 13777 is intended to reduce the burdens that agencies impose through regulatory initiatives, and directs federal agencies to undertake activities to further this goal. The scope of the EO is unusually broad, and applies to regulations and rules that are defined under the Administrative Procedure Act as “an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency.” This definition is broader than the definition of a rule or regulation in other EOs involving regulatory review. Existing EOs exclude “formal” rules, or rules that are the result of trial-like administrative procedures that require more process than standard notice and comment-type rulemaking initiatives. The EO excludes regulations issued with respect to military, national security, or foreign affairs functions of the U.S., regulations related largely to agency organizational or management functions, and regulations exempted by the Office of Management and Budget (OMB).
On March 24, 2017, EPA Administrator Pruitt issued a memorandum “Improved Management of Regulatory Actions,” intended to expand and improve EPA’s internal mechanisms for information sharing and to comply with the EO. It requires that EPA’s programs and regional offices “report all regulatory actions in the agency’s regulatory management system and adopt such reporting as common practice moving forward.” Those actions required to be reported include “those related to any statutory or judicial deadlines, petitions, pesticide tolerances, significant new use rules, national priority listings or de-listings, permits, federal implementation plans and state implementation plans.” Officials entering the information must certify its accuracy. This new directive will ensure that few, if any, regulatory decisions escape the scrutiny of EPA’s political appointees. It is intended to ensure that these appointees are able to identify any and all regulations that can be repealed, replaced, or modified to make them less “burdensome.”
Also on March 24, 2017, Mr. Pruitt issued another memorandum “Executive Order 13777: Enforcing the Regulatory Reform Agenda” (EO memorandum), that tasked Samantha Dravis, Senior Counsel and Associate Administrator for the Office of Policy, to serve as EPA’s Regulatory Reform Officer (RRO). The memorandum also assigns Ryan Jackson, Mr. Pruitt’s Chief of Staff, to chair the Regulatory Reform Task Force (RRTF) that EPA is required to establish, as are all federal agencies, under the EO.
The RRTF charge is broad and its work product could have a significant impact. It is to evaluate existing regulations and recommend “those that can be repealed, replaced or modified to make them less burdensome.” As a first step, the EO memorandum states that by May 15, 2017, “the Offices of Air and Radiation, Land and Emergency Management, Chemical Safety and Pollution Prevention, Water, Environmental Information, Congressional and Intergovernmental Relations and Small and Disadvantaged Business Utilization should provide the Task Force with recommendations regarding specific rules that should be considered for repeal, replacement or modification.”
Under the EO, EPA’s RRTF is required to seek input from entities significantly affected by EPA’s regulations -- regulations that are potential candidates for repeal, replacement, or modification. The EO memorandum goes further and directs EPA’s offices to hold public meetings to seek input directly from affected stakeholders. We urge potentially impacted parties to use these opportunities to reach out to EPA, and to provide input on the suite of programs that may be negatively affected.
Advocacy Opportunities
Not surprisingly given its leadership, EPA has wasted no time in giving meaningful expression to the EO. For those of us in the chemical product space, several initiatives are underway and merit your consideration.
OCSPP has announced several public meetings and opportunities for comment:
Public Meeting on TSCA -- On May 1, 2017, EPA will convene a public meeting on TSCA Subchapters I (Control of Toxic Substances), II (Asbestos Hazard Emergency Response), and VI (Formaldehyde Standards for Composite Wood Products). Registration for this meeting closes on April 27, 2017.
Public Meeting on Lead Abatement -- Also on May 1, 2017, EPA will convene a public meeting on TSCA Subchapter IV (Lead Exposure Reduction) rules. Registration for this meeting closes on April 27, 2017.
Public Docket -- On April 13, 2017, EPA requested comment on regulations that many be “appropriate for repeal, replacement, or modification.” 82 Fed. Reg. 17793. This broad request seeks any and all comment on regulations that should be revisited to give expression to the underlying objectives of EO 13777. Comments are due by May 15, 2017.
PPDC Meeting -- EPA’s Office of Pesticide Programs (OPP) announced that it will devote the second day of a two-day Pesticide Program Dialogue Committee (PPDC) meeting on May 3-4, 2017, to obtaining comment on regulatory actions that may be appropriate for repeal, replacement, or modification of regulatory measures applicable to pesticides. Registration for this meeting closes on April 27, 2017.
Commentary
The forthcoming public meetings and the request for comment provide unique opportunities to call attention to regulations and/or policies that should be revised or repealed, or are being implemented or enforced incorrectly. Over the years, we have flagged many such regulations and policies and note a few below by way of illustration:
Supply chain issues involving Significant New Use Rules (SNUR).
Seek novel approaches that limit requirements applicable to manufacturers and processors that handle substances in forms that lead to concerns (e.g., manufacturing exempt polymers, substances in high concentration).
Improving TSCA notification submitter access to reports and records documenting EPA’s review of new chemical notifications.
Such documents are critically important to understanding EPA’s views and need to be provided in a timely manner when requested by the submitter. Alternatively, providing such documents should become part of EPA’s standard operating procedures for new chemicals.
Need for a more transparent and coherent discussion of EPA’s current interpretation of new TSCA provisions including, but not limited to, those concerning new chemicals.
While PMN review is stove piped to protect Confidential Business Information (CBI), EPA needs to do more to provide public information about its approaches to issues such as whether it assumes personal protective equipment is used by workers, how it views U.S. Occupational Safety and Health Administration (OSHA) standards, and its interpretation of its statutory obligations and interpretations, as well as a clearer explanation of its policy and scientific approaches and interpretations regarding new chemicals.
Inventory nomenclature conventions:
EPA has started discussions related to “identical substances” listed on the Inventory; discussions need to continue, be more defined and predictable, and be more inclusive;
EPA should revisit the Soap and Detergent Association (SDA) nomenclature convention and update it to reflect current technologies; and
EPA should clarify its approach to various statutory mixtures through notice and comment -- as it has for monomer acid, activated phosphors, and carbon nanotubes.
Need for more transparent and coherent pesticide label review procedures.
Revise OPP’s policy of de novo label review for a label amendment application if similar changes are not imposed on competing products.
Improve the OPP information management process and tools for supplemental distributor files, which have a significant error incidence and yet are a basis for enforcement.
http://www.natlawreview.com/article/office-chemical-safety-and-pollution-prevention-ocspp-take-advantage-regulatory
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US Alternative Testing Body to Hold Public Meeting
Apr 27, 2017 | Chemical Watch
The US National Toxicology Program's Interagency Coordinating Committee on the Validation of Alternative Methods (Iccvam) will convene a public forum on 23 May.
Iccvam aims to promote collaboration between governmental and nongovernmental groups – including academia, industry and advocacy groups – on issues related to advancing alternatives to animal testing. It has held annual public forums since 2014 to facilitate the exchange of ideas from stakeholders.
The meeting will take place in Bethesda, Maryland. It will focus on the committee’s efforts to develop new approaches for evaluating the safety of chemicals and medical products.
Interested persons may provide public oral statements and attend either in person or via webcast.
https://chemicalwatch.com/55487/us-alternative-testing-body-to-hold-public-meeting
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US Agency Releases Final Toxicological Profiles
Apr 27, 2017 | Chemical Watch
The US Agency for Toxic Substances and Disease Registry (ATSDR) has released final toxicological profiles for three sets of substances.
These are:
polybrominated diphenyl ethers (PBDEs);
hydrogen and carbonyl sulfides; and
JP-5, JP-8 and jet A fuels.
The ATSDR is congressionally mandated to develop toxicology profiles for hazardous substances found at National Priorities List (NPL) sites. Each peer-reviewed document draws from available literature on the substance’s properties to characterise the toxicologic and adverse health effects of analysed substances.
Polybrominated diphenyl ethers (PBDEs)
PBDEs are flame retardant chemicals that have been used in a wide variety of consumer products. The family of substances includes 209 congeners, with three primary commercial PBDE mixtures: penta-, octa- and decaBDEs.
PentaBDE and octaBDE mixtures were voluntarily withdrawn from the US market at the end of 2004. DecaBDE was required to be phased out by 2014. Despite their discontinued use, they remain in many legacy products.
The profile indicates the substances’ health effects are not definitive. Animal studies have linked them to neurobehavioural changes, impaired immune system function and skin irritation. Their carcinogenicity is undetermined.
Hydrogen sulfide and carbonyl sulfide
Hydrogen sulfide is primarily used in the production of sulfur and sulfuric acid. No health effects have been found in humans exposed to typical environmental concentrations of it, according to the ATSDR.
Carbonyl sulfide does not have many commercial uses, as it is primarily used in small-scale chemical syntheses. Little is known about the substance’s toxicity, says the agency, but animal studies have shown nervous system effects following short- and long-term exposure. No human or animal studies have examined whether it can cause cancer.
JP-5, JP-8 and jet A fuels
Jet propellant-5 and jet propellant-8 are used in military aircraft fuels. Jet A is a fuel used in civilian aircrafts, and the US Air Force has recently begun to use it for continental flights. The hydrocarbon-based substances may contain various additives.
The ATSDR indicates that there is "very little [known] about the human health effects" caused by the substances. Studies with laboratory animals have shown damage to the liver, decreased immune response and neurological function, and impaired hearing. Damage to the skin has been observed following dermal contact.
https://chemicalwatch.com/55497/us-agency-releases-final-toxicological-profiles
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US EPA Issues 'Not Likely to Present Unreasonable Risk' Determinations
Apr 27, 2017 | Chemical Watch
The US EPA has issued section 5(a)(3)(C) determinations for six substances that were the subject of pre-manufacture notices (PMNs). These are:
generic hydrogenated dihalo dialkyl diindolotriphenodioxazine, dihydrodisubstituted isoindolyl alkyl derivatives for use as a pigment additive for industrial coatings;
fatty acids, C8-10, diesters with .alpha.-hydro-.omega.-hydroxypoly(oxy-1,4-butanediyl) for use as a viscosity modifier;
fatty acids, C8-10, mixed esters with C18-unsaturated fatty acid dimers and .alpha.-hydro- .omega.-hydroxypoly(oxy-1,4-butanediyl) for use as a gear lubricant;
generic modified 1,3-isobenzofurandione, polymer with 1,2-ethanediol, 2-ethyl-2-(alkoxyalkyl)-1,3-propanediol and 1,3-isobenzofurandione, alkanoate for use as a prepolymer in the manufacture of polyurethane polymers;
generic 2-propenoic acid, polymer with alkene and alkenyl acetate, alkyl 2-alkyl isoalkyl esters for use as a pour point depressant in crude oil and petroleum-based products; and
generic copolymer of alpha-olefin and dibutyl maleate for use as a lubricant for aqueous metalworking fluids.
In each case, the substance was determined not likely to present an unreasonable risk, based on low human health and environmental hazard.
The determinations were made between 13 and 30 March, for reviews that started from November 2016 to January this year.
https://chemicalwatch.com/55489/us-epa-issues-not-likely-to-present-unreasonable-risk-determinations
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CVS Health to Remove Chemicals of Concern from More than 600 Products
Apr 27, 2017 | Chemical Watch
By David Stegon
The second largest pharmacy chain in the US, CVS Health, will remove parabens, phthalates and the most prevalent formaldehyde donors from nearly 600 beauty and personal care products.
The products covered are from its store brand CVS Health, Beauty 360, Essence of Beauty and Blade lines. The company says it will stop shipping those that contain the substances to distribution centres, by the end of 2019.
It said the commitment is in response to customers, who voiced a "desire for products that still provide the benefits they need, but with fewer ingredients of concern".
Mike Schade, Mind the Store campaign director for NGO Safer Chemicals, Healthy Families (SCHF), said the announcement was an "exciting milestone ... for retailers and the role they play in driving change toward safer consumer products".
Restricted substances
"In recent years, CVS Health has made important progress in continuing to drive toxic chemicals out of products," said Mr Schade.
On 19 April, the company published a restricted substances list. The list includes 11 types of formaldehyde and donors, six parabens and 11 phthalates. Formaldehyde donors are used as preservatives in personal care products. They release a small amount of the chemical throughout a product’s shelf-life.
And, last year, the company became a signatory of the Chemical Footprint Project, which provides firms a platform to disclose business progress on safer chemicals and provides tools to help reduce chemicals of high concern.
The company also removed triclosan from all CVS brand products in 2015, as well as most name brand products.
Last November, CVS received the third highest grade from Safer Chemicals, Healthy Families in the NGO’s annual Mind the Store report.
It scored well in the report on areas of oversight, action taken to reduce or eliminate chemicals of high concern and in keeping an open dialogue during the Mind the Store campaign. The company struggled, though, in its use of safer alternatives, transparency and a lack of third-party standards.
"As a company focused on health and wellness, CVS should continue to prioritise the reduction, elimination and substitution of chemicals linked to chronic diseases on the rise in our communities," said Mr Schade.
CVS Health's competitor, Walgreen's, which is the largest pharmacy chain in the country, was recently criticised for failing to publish its long-delayed chemicals programme. The company announced in 2014 that its chemical sustainability report would be published the following spring. But nearly three years later, it has not appeared.
In March, a spokesperson from the pharmacy chain’s parent company, the Walgreens Boots Alliance's (WBA), told Chemical Watch they were unable to confirm when the report would be published.
https://chemicalwatch.com/55491/cvs-health-to-remove-chemicals-of-concern-from-more-than-600-products
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Walmart Announces Further Reduction in Chemicals of High Concern
Apr 27, 2017 | Chemical Watch
By Tammy Lovell
Walmart has announced a further 1 percentage point annual reduction by weight of high priority chemicals (HPCs) in products it sells, growing to 96% the volume it has reduced since 2014.
The US retail giant announced the development in its 2017 Global Responsibility Report, which outlines progress the company has made on its sustainable chemistry in consumables policy. Launched in 2013, the programme directs suppliers to reduce or eliminate the use of chemicals of concern in personal care, paper, cleaning, pet and baby products, covering approximately 90,000 individual products from 700 suppliers.
Last year, the company announced a 95% reduction of HPCs, and subsequently published the list of these eight substances of concern:
toluene;
dibutyl phthalate (DBP);
diethyl phthalate (DEP);
nonylphenol exthoxylates (NPEs, encompassing nine individual Cas numbers);
formaldehyde;
butylparaben;
propylparaben; and
triclosan (except when present as an active ingredient providing therapeutic benefit, and approved by the FDA New Drug Application process).
However, the company has declined to provide Chemical Watch with a breakdown of how it has achieved the further 1% reduction, nor confirm if the improvement can be attributed to changes with any specific substances or products.
Mike Schade, director of the Mind the Store campaign for Safer Chemicals, Healthy Families (SCHF), said that identifying the reductions by each specific HPC would be "another significant step in the right direction".
Walmart director of sustainability communications, Micah Ragland, told Chemical Watch that in evaluating its HPC reduction rates, it aggregates data from suppliers rather than doing itemised assessments of specific products.
But he said that, as part of the process, the company measures the percentages of HPC products, weight reduction and supplier use. "In all of these measurement categories, we saw a decrease," he said.
As before, Walmart will provide an annual disclosure later in the year with progress reports on the metrics of the sustainable chemistry policy, he added.
Programme continues to mark progress
NGO the Environmental Defense Fund (EDF), which has partnered with Walmart in implementing its chemicals programme, called the initial 95% reduction of HPCs last year – equivalent to 23m lbs of chemicals – "impressive".
And EDF senior manager of consumer health, Boma Brown-West noted that the fact that there has been no 'back-sliding' on these previous efforts "is something we don’t take for granted in this space".
She added that, although the breakdown for specific HPCs was not known, the EDF hoped that Walmart would reveal "the same type of public comprehensive quantitative measures as last year".
Mr Schade applauded Walmart for "playing an important role to drive toxic chemicals out of global supply chains", calling the retailer's efforts last year a "major breakthrough".
SCHF suggested that the company could continue to improve its safer chemicals programme by:
setting public quantifiable goals, with clear timelines for reducing and eliminating chemicals of high concern;
continuing to report annually on progress in implementing its policy;
expanding its list of HPCs to tackle a broader list of chemicals; and
expanding the policy to other chemically intensive product categories, such as apparel, electronics and furniture.
Mr Schade said Walmart's report showed "some progress has been made, which is positive, but getting down to a 100% reduction and elimination remains a challenge."
https://chemicalwatch.com/55483/walmart-announces-further-reduction-in-chemicals-of-high-concern
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Trump Admin is Sued for Blocking Obama Fossil Fuel Valuations
Apr 27, 2017 | E&E Greenwire
By Amanda Reilly
Two states sued the Trump administration yesterday for halting Obama-era changes to how coal, oil and natural gas are valued in the calculation of federal royalties.
New Mexico and California say the Interior Department's decision to put the rule on hold has kept $18 million a year out of state coffers in oil, gas and coal royalties.
"At a time of extreme budget crisis in New Mexico and at the federal level, President Trump is depriving New Mexico children and families of millions of dollars a year it is owed in royalties through his illegal action," New Mexico Attorney General Hector Balderas (D) said in a statement.
Under the Obama administration rule, companies would have to pay royalties based on the value of their commodity at the first "arm's length" transaction, among other changes. The administration's goal was to avoid companies colluding with affiliates, particularly amid increased coal exports in recent years.
The rule updated valuation regulations for the first time since the late 1980s (Greenwire, June 30, 2016).
Shortly before President Obama left office, energy companies and trade associations sued, calling the new framework unnecessary, "complex, difficult to implement, and far less reliable" (Greenwire, Jan. 9).
The Trump administration in February put the rule on hold until litigation is resolved and requested a three-month delay in the lawsuit while the Office of Natural Resources Revenue prepares a new rulemaking to repeal the rule.
In their complaint in the U.S. District Court for the Northern District of California, New Mexico and California argued that the federal government illegally postponed the start date of the rule after the changes had already gone into effect. The effective date of the rule was Jan. 1.
By blocking the rule, the Trump administration attempted an "end-run" around required notice-and-comment procedures, the complaint alleged.
The states are seeking an order from the court compelling the administration to "immediately reinstate" the rule.
https://www.eenews.net/greenwire/2017/04/27/stories/1060053683
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OSHA Staff Blocked from Talking to the Press
Apr 27, 2017 | E&E Energywire
By Mike Soraghan
Since President Trump took office, the Occupational Safety and Health Administration has developed a new policy that staff can't talk to the press.
OSHA officials last week scheduled, then cancelled, a background briefing with a staff expert for E&E News. The briefing concerned injuries in the upstream oil and gas sector. After the cancellation, a spokeswoman wrote: "The policy is that OSHA staff cannot answer questions from media."
She did not respond to a question about when the policy was instituted. She noted that requests have customarily been routed through the press office but did not explain the blanket prohibition.
That was not the policy during the Obama administration, said David Michaels, who was OSHA chief until the final days of President Obama's tenure.
"We did many briefings, on and off the record," Michaels told E&E News.
The OSHA press office last December set up an on-the-record briefing for an E&E News reporter with the same subject matter expert.
OSHA is part of the Labor Department. A spokeswoman for the department didn't respond to a question about whether the no-press policy was departmentwide or just at OSHA. Trump's pick for Labor secretary, Alex Acosta, is awaiting confirmation, which could come as early as this week.
The disclosure follows three months when OSHA issued no press releases announcing fines against employers for safety violations. Until an April 17 release about a $1.5 million fine in connection with a fatal trench collapse, the agency had not made any such announcements during the Trump administration.
The administration also ordered a media blackout at U.S. EPA and other agencies for a time after Trump was sworn in Jan. 20. A memo sent to EPA staff blocked social media messages and news releases (Greenwire, Jan. 24).
The Trump administration and the Republican Congress have rolled back several Obama-era initiatives at OSHA and Labor. The administration delayed a rule restricting conflicts of interest affecting investment advisers. Trump also signed a rollback of rules requiring employers to keep logs of injuries for five years.
https://www.eenews.net/energywire/2017/04/27/stories/1060053671
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Congressman Calls for Budget Meeting with US EPA
Apr 27, 2017 | Chemical Watch
Frank Pallone (D-New Jersey), ranking member of the House Energy and Commerce Committee, has sent a letter to US EPA Administer Scott Pruitt requesting a briefing on the proposed budget cuts to the agency.
The request comes following the leak of an internal memo from EPA Acting Chief Financial Officer David Bloom that detailed the proposed cuts, which amount to 31% of the agency’s annual operating budget.
In line with the Trump administration's 'budget blueprint', released earlier this year, these call for elimination of the Integrated Risk Information System (IRIS) programme, cutting the funding of the Office of Research and Development (ORD) from nearly $483m to $250m, and a 44% reduction in budget and 22% cut in staff at the Chemical Safety for Sustainability (CSS) Research programme, among others.
"It is unacceptable that we have only heard of the proposed staff and funding cuts – and the elimination of more than 50 critical programmes – through unofficial sources," Mr Pallone said in his 20 April letter.
Mr Pallone has asked for an official briefing that would focus on the programmes and initiatives that fall under the committee’s jurisdiction. That includes proposed budget and spending breakdowns, future state and regional funding, current and future employment numbers, elimination and consolidation plans for allegedly duplicative programmes and timelines for implementing changes.
https://chemicalwatch.com/55484/congressman-calls-for-budget-meeting-with-us-epa
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Today Could Expose Strengths, and Weaknesses, in Cabinet
Apr 27, 2017 | E&E Climatewire
By Jean Chemnick
Today's meeting of top officials in the White House situation room could shed light not only on the fate of U.S. participation in the Paris Agreement but on which Trump administration players have the most influence with their boss.
The meeting brings together Cabinet members and advisers who are divided on whether President Trump should follow through on his promise to "cancel" the deal.
While much has been made of the rising influence within the White House of "globalists" like Trump's son-in-law Jared Kushner, who is said to favor the deal, over nationalists, like adviser Steve Bannon, Cabinet members on hand today have equally diverse views.
Secretary of State Rex Tillerson is the senior U.S. diplomat, but he has said nothing about this particular multilateral agreement since his confirmation in January.
"As you know, the review is ongoing with respect to the Paris Agreement. We're looking at it still," said a senior State Department official yesterday.
Bloomberg reported Tuesday night on a leaked draft memo circulating within the State Department arguing that Paris imposes few burdens on the United States. The document stops short of recommending that Trump remain in the deal, and it's unclear whether that document was intended to inform the secretary or whether it might represent his views. He said during the confirmation process that the United States could benefit from retaining a "seat at the table" in climate negotiations.
While Tillerson hasn't voiced an opinion publicly on Paris since assuming his new role, he may have raised it with Trump. The former Exxon Mobil Corp. CEO meets frequently with the president behind closed doors, and the State Department official said Paris has been featured in some of those conversations.
"I can't speak definitively whether this has been a frequent topic, but he meets with the president, sometimes multiple occasions during any week, and I'm sure it's come up in some way, shape or form on multiple occasions," said the official.
Sen. Ben Cardin (D-Md.) told reporters at a briefing yesterday that Tillerson has told him he expects to be Trump's top adviser on Paris.
"He's the key point person in the administration on this issue," said Cardin, the senior Democrat on the Senate Foreign Relations Committee. "That's what he tells me."
Cardin said U.S. EPA Administrator Scott Pruitt, who will also attend this afternoon's meeting, has deferred to Tillerson in conversations with him. But unlike Tillerson, Pruitt has not been shy about making his own opposition known, saying in an interview with "Fox & Friends" earlier this month that the United States should exit the agreement because it's a "bad deal."
The former Oklahoma attorney general, who pitted himself for years against EPA regulations before Trump appointed him to head the agency, has said it will make it harder to dismantle greenhouse gas rules if the United States is a party to a U.N. agreement that describes emissions as a dire threat.
Pruitt wants a 'kill shot'
Rep. Kevin Cramer (R-N.D.) said at an event Tuesday night that Pruitt brought that argument up again this week during a meeting with electric power cooperatives at EPA headquarters.
Cramer said Pruitt was particularly anxious to have a "kill shot" at the Clean Power Plan, which Trump has set about repealing but which will be the subject of extensive litigation.
Paul Bodnar, the White House National Security Council's former climate chief, said he was surprised at how vocal Pruitt has been on Paris. Trump is set to make his own announcement on the deal by the end of May and has said he is "studying" the issue.
"It's unusual to have a Cabinet secretary out in public there lobbying the president and his Cabinet colleagues on an undecided issue," said Bodnar, who is now with the Rocky Mountain Institute. He added that "being vocal probably magnifies Pruitt's influence in this media-centric administration. But it could also be a sign that he's about to lose the debate."
Cramer, who has hinted at support for remaining in the deal, seemed to dismiss Pruitt's position that U.S. participation in Paris could arm environmental litigants. The congressman said he was more convinced that staying in Paris was the right move after hosting the Tuesday panel in a House office building, though he favors weaker emissions commitments.
Cramer called the administration's public airing of the Paris decision "kind of noble."
But Robert Stavins, director of the Harvard Environmental Economics Program, said Tillerson's relative absence from the public debate over Paris might be a strategy learned from his decades in the private sector.
"My assumption is that Mr. Tillerson, being a successful former CEO — who operates, like all successful CEOs, not on the basis of ideology but on the basis of evidence — remains supportive of the USA remaining a party to the Paris climate agreement," he said.
Companies ranging from BP PLC to Google have come out in favor of the deal, arguing that U.S. influence over its direction would benefit American businesses. "As a corporation man, however, he also understands and observes hierarchy, and so I would not expect him to make public statements about his position, but to voice it only privately, such as to the president," Stavins said.
Tillerson appears to have an ally in Energy Secretary Rick Perry, who said this week that he would not urge a Paris exit. But other Cabinet members have been more circumspect. Commerce Secretary Wilbur Ross said Tuesday: "It's really outside my area."
"I'm having enough difficulty dealing with the trade issues rather than poaching on other people's territory," said Ross, whose agency overseas climate science work at the National Oceanic and Atmospheric Administration.
White House deputies gathered Tuesday to lay the groundwork for today's meeting, which was rescheduled from earlier in the month. It's unclear whether it will produce a single recommendation for the president or a menu of options. Trump is expected to make the final call.
"It would be welcome news if the president would announce the United States will continue to sit at the table and will continue to work with the international community so that we can all take responsibility," Cardin said yesterday.
He added that during a Monday meeting with U.N. ambassadors in Washington, several of them brought up the Paris Agreement with him and Sen. Lindsey Graham (R-S.C.).
https://www.eenews.net/climatewire/2017/04/27/stories/1060053678
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100 Days: 4 Worst and 1 Good Thing Trump has Done for the Environment
Apr 27, 2017 | Environmental Defense Fund
By Eric Pooley
President Trump said recently that the tradition of rating a new president’s first 100 days is “ridiculous.” The White House then created a web page devoted to rating his first 100 days.
It’s further proof, if anyone needed it, that the defining feature of this president’s first 100 days is noise. Every day brings some piercing new alarm, making it hard to separate the momentarily disturbing from the truly damaging. But this is essential – especially for the environment.
While the president has flip-flopped on some signature issues, he’s been totally consistent about dismantling protections for public health, clean air and clean water. So let’s take a closer look at what he’s done so far, and what it will mean for our health and our world.
Here are the four worst actions Trump took his first 100 days – and one that’s very good.
1. Hired Scott Pruitt
Trump’s choice of leader for the U.S. Environmental Protection Agency built his career by attacking the agency and its clean air and water rules.
Pruitt is beginning to staff the EPA with Beltway insiders who have made their living lobbying for weaker pollution rules on behalf of industry.
For example, it has been widely reported that Andrew Wheeler may be named as Pruitt’s top deputy. Wheeler is now a lobbyist for Murray Energy, a coal mining conglomerate that is demanding an end to the rule that limits mercury pollution.
In fact, a recent analysis by Columbia University Law School showed that more than one quarter of the administration’s appointees so far to environmental, energy and natural resource agencies have close ties to the fossil fuel industry. The likely result: Thousands of decisions over the next four years made by those more interested in protecting polluters than public health.
That will leave a toxic legacy of more disease and premature death.
2. Undermined chemical safety
Last year, a bipartisan Congress overwhelmingly passed the Lautenberg Act, a new chemical safety law that, after four decades of a broken system that flooded our stores and homes with dangerous or untested chemicals, finally constructed a strong chemical safety net.
But now the EPA has to finish writing the rules to implement it. For that, Pruitt has chosen Nancy Beck, an insider straight from the main chemical industry trade association who even within the last few weeks lobbied the agency on these very rules.
If those new rules give industry everything it wants, we’ll have blown a historic chance to restore public trust and market confidence in the products consumers buy for household use. Our health would continue to be at risk – and undoing the damage would take years.
3. Asked to slash the federal budget
The administration’s budget proposal would cut the EPA by almost a third – more than any other agency even though its budget is tiny to begin with.
Out of every $10 the federal government spends, only 2 cents go to the EPA. These cuts aren’t being done to save money. They’re part of an ideological crusade the public doesn’t support.
If the EPA budget is cut this way, the loss of experts and institutional knowledge will reverberate for years. Detailed plans obtained by the Washington Post show that Trump and Pruitt want to cut a quarter of the workforce and abolish 56 programs with impacts from the Chesapeake Bay to Puget Sound.
Together, this will lead to more asthma attacks, more health problems for the elderly and a more dangerous future.
4. Moved to roll back protections from dirty energy
Pruitt is now trying to gut many of the same the rules and safeguards he sued to stop as Oklahoma’s attorney general. They limit the amount of arsenic and acid gases power plants can emit, reduce smog that causes respiratory problems and cut carbon pollution that causes climate change.
He has signaled hostility to the Mercury and Air Toxics Rule, despite the fact that virtually all power plants are already in compliance. The EPA chief and Trump have also taken aim at the Clean Power Plan, America’s first limits on carbon pollution from power plants, without any strategy to replace it.
The energy market is moving toward cleaner energy, but slowing that process means losing clean tech jobs to other countries and a bigger cleanup for our children’s generation.
5. Fueled environmental activism
This is the positive legacy of the Trump administration: Americans who used to take clean air and water for granted are waking up to the danger.
Membership in environmental groups is skyrocketing – the biggest question we get these days is, “what can I do?” – as women and men from all walks of life are reclaiming environmentalism as a mainstream American value.
On Saturday, thousands will take to the streets in Washington and other cities for the People’s Climate March. Just as a blossoming environmental awareness in the early 1970’s led to some of the bedrock laws we rely on today, I believe the great awakening of 2017 will echo for years to come.
If we work together and make our voices heard we can limit the worst of the damage Trump intends to conflict.
https://www.edf.org/blog/2017/04/27/100-days-4-worst-and-1-good-thing-trump-has-done-environment
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